Road Traffic Offence Section 3 Court Case

Kinloch Lawyers Client Charged with Dangerous Driving Offence

Kinloch Lawyers On the 4th July 2023, our Mr Jenkins represented a client at Hamilton Sheriff Court. The client was initially charged with three separate offences.

A Charge of Dangerous Driving under the Road Traffic Act 1988

The first charge related to an alleged contravention of section 2 of the Road Traffic Act 1988, most commonly referred to as dangerous driving. A conviction for dangerous driving results in a mandatory, minimum disqualification from driving for a period of one year. You are also required to resit your driving test and could face a period of imprisonment.

The client was also charged with failing to stop his vehicle when required to do so by a uniformed Police Officer, as well as driving without insurance.

Pleading Guilty to Section 3 of the Road Traffic Act

Negotiating with the Crown by Pleading Guilty to Careless Driving

Following negotiations between our Mr Jenkins and the Procurator Fiscal Depute in Court, it was agreed that the client would plead guilty to a contravention of section 3 of the Road Traffic Act. This is commonly referred to as careless driving. Unlike with dangerous driving, there is no mandatory disqualification for a conviction under section 3 of the Act. Furthermore, there is no mandatory requirement to resit your driving test, norcan you be sent to prison for a conviction of careless driving alone.

NOT GUILTY PLEAS ACCEPTED

Our Mr Jenkins was also successful in persuading the Crown to accept pleas of not guilty to the failing to stop and no insurance charges.

What was Agreed

After hearing a plea in mitigation from our Mr Jenkins, the Sheriff fined our client the sum of £300, reduced from £400 due to the timing of the plea preventing the requirement of a Trial. The client’s licence was thereafter endorsed with six penalty points. The range for this offence is between three and nine penalty points.

Client Delighted with Court Case Outcome

The client, a self employed tradesman, was delighted with the outcome and with avoiding a period of disqualification for this case.

Kinloch Lawyers have a proud history of representing clients charged with Road Traffic Offences and continue to hold an impressive success rate with clients across Scotland.

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